Case Note & Summary
The appellant, Alpesh Tembhurne, was convicted by the Additional Sessions Judge, Wardha, for the murder of Shashank Karwade under Section 302 IPC and sentenced to life imprisonment. The case arose from a love affair between the appellant's cousin sister, Mayuri, and the deceased Shashank. Mayuri committed suicide after Shashank backed out of a marriage promise. Subsequently, Shashank and his parents were prosecuted for abetment to suicide but were acquitted. The appellant, aggrieved by this, allegedly developed enmity and murdered Shashank. The prosecution's case was based on circumstantial evidence, primarily the last seen theory and motive. The key witnesses were the mother of the deceased (PW-1) and other relatives who claimed to have seen the appellant with the deceased shortly before the murder. However, the High Court found their testimony to be unreliable, contradictory, and lacking credibility. The court noted that the time gap between the last seen and the discovery of the body was too short to establish the appellant's involvement. The motive, though plausible, was not sufficient to prove guilt beyond reasonable doubt. The court also observed that the prosecution failed to explain the delay in lodging the FIR and the absence of independent witnesses. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the last seen theory and motive to prove the murder of Shashank by the appellant. The court held that the evidence of last seen was not credible as the witnesses were unreliable and the time gap was too short. The motive was insufficient to sustain conviction. (Paras 1-30) B) Criminal Law - Appreciation of Evidence - Unreliable Witnesses - The court found that the key witnesses, including the mother of the deceased, were not trustworthy due to contradictions and improvements in their testimony. The court held that conviction cannot be based on such shaky evidence. (Paras 15-25) C) Criminal Law - Benefit of Doubt - Acquittal - The court held that the prosecution failed to prove the case beyond reasonable doubt. The appellant was entitled to the benefit of doubt and was acquitted of all charges. (Paras 26-30)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Murder
- Circumstantial Evidence
- Last Seen Theory
- Motive
- Acquittal
- Benefit of Doubt
